Temple Management Dispute – Jurisdiction of Civil Court Prevails Over Executive Orders – The dispute over the control of Shri Khereshwar Mahadev Va Dauji Maharaj Temple was pending before the civil court, with an injunction maintaining the status quo – The Allahabad High Court directed the District Magistrate and Sub-Divisional Magistrate to implement an earlier executive order t...
Bail – Rape – Promise to Marry – Absence of Misconception of Fact – The petitioner was accused of repeatedly engaging in sexual intercourse with the defacto complainant under the pretext of marriage and later refusing to marry her – The Court examined whether the alleged act constituted rape due to vitiation of consent – Held: In light of Mahesh Damu Khare v. St...
Prevention of Corruption – Leave to Appeal Against Acquittal – The trial court acquitted the respondent, a public servant, of bribery charges under Sections 7 and 13 of the Prevention of Corruption Act – The prosecution contended that the accused was caught red-handed while accepting a bribe of Rs. 10,000/- and that there was sufficient evidence to convict him – Held: Since...
Negotiable Instruments Act – Deposit of 20% Compensation – Judicial Discretion – Orders Set Aside – The petitioner, convicted under Section 138 of the NI Act, challenged the ASJ’s order requiring him to deposit 20% of the compensation amount for suspension of sentence – Petitioner contended that the ASJ erroneously treated the deposit as mandatory and failed to ...
Criminal Procedure – Registration of FIR – Preliminary Inquiry – Appeal Dismissed – The appellant, a retired IAS officer, challenged multiple FIRs registered against him regarding land allotment irregularities during his tenure as Collector – He sought a direction for a mandatory preliminary inquiry before the registration of further FIRs – High Court dismissed ...
Criminal Law - Prevention of Money Laundering Act – Discharge Application – Continuing Offence – Appeal Dismissed – The appellant, a retired IAS officer, sought discharge from prosecution under PMLA, contending that the alleged predicate offences were committed before PMLA came into force – High Court dismissed his plea, holding that money laundering is a continuing o...
Criminal Law – Conviction under Section 304 Part II IPC – No Premeditation – Sentence Reduced – Appellant convicted for causing the death of his 85-year-old mother during a drunken altercation—Trial court imposed 7 years RI—High Court held: There was no premeditation, and the act occurred in a sudden quarrel—Considering the appellant’s clean record a...
Criminal Law – Negotiable Instruments Act – Rebutting Presumption under Section 139 – Proof of Coercion in Issuance of Cheque – Petitioner attempted to introduce a prior complaint alleging that the respondent forcibly obtained the cheque in question – High Court held: While an accused can rebut the presumption under Section 139 of the NI Act, a self-serving complaint ...
Criminal Law - Kolkata Municipal Corporation Act – Unauthorized Construction – Tenant’s Liability – Conviction Set Aside – Petitioners were convicted under Section 401A of the Kolkata Municipal Corporation Act, 1980 by the Learned Municipal Magistrate, 3rd Court, Calcutta, for allegedly constructing an unauthorized two-storied building at 14/5, B.T. Road, Kolkata &nda...
Criminal Conspiracy – Adulterous Relationship – Murder – Evidence – Prosecution proved beyond doubt that the first accused, Nino Mathew, committed the murders of Omana and Swasthika and attempted to murder PW1 in furtherance of a criminal conspiracy with the second accused, Anu Shanthi, with whom he had an adulterous relationship – Evidence included testimony of PW1 i...